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PART IV.

soliciting

and taking

Penalty for $ 3. Every woman who shall solicit of any person any medicine, drug, or substance or thing whatever, and shall drugs, &c. take the same, or shall submit to any operation, or other means whatever, with intent thereby to procure a miscarriage, shall be deemed guilty of a misdemeanor, and shall, upon conviction, be punished by imprisonment in the county jail, not less than three months nor more than one year, or by a fine not exceeding one thousand dollars, or by both such fine and imprisonment.

Ponalty for concealing

child.

a

S 4. Any woman who shall endeavor privately, either by death of herself or the procurement of others, to conceal the death of any issue of her body, which if born alive would by law be a bastard, whether it was born dead or alive, or whether it was murdered or not, shall be deemed guilty of a misdemeanor, and shall, on conviction thereof, be punished by imprisonment in a county jail, not exceeding one year.

Punish

ment for second offence.

Repeal.

Administering drugs

women.

S 5. Any woman who shall be convicted a second time of the offence specified in the fourth section of this act, shall be imprisoned in a state prison for a term not less than two or more than five years.

$ 6. Section nine, article first, title second of chapter one, of the fourth part of the Revised Statutes, and section twentyone, title six, chapter one of the fourth part of the Revised Statutes are hereby repealed.

CHAP. 22.

AN ACT to amend the "Act to punish the procurement of abortion and for other purposes," passed May 13th,

1845.

PASSED March 4, 1846.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Every person who shall administer to any woman to pregnant pregnant with a quick child, or prescribe for any such woman, or advise or procure any such woman to take any medicine, drug or substance whatever or shall use or employ any instrument or other means with intent thereby to destroy such child, unless the same shall have been necessary to preserve the life of such mother, shall, in case the death of such child or of such mother be thereby produced, be deemed guilty of manslaughter in the second degree.

1 N. Y., 382; 2 B., 218.

S2. The first section of Chapter 260 of the Laws of 1845, entitled "An act to punish the procurement of abortion and for other purposes, is hereby repealed.

CHAP. I.

CHAP. 105.

AN ACT to punish abduction as a crime.

PASSED March 20, 1848.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ment to be

$1. Any person who shall inveigle, entice or take away Punishany unmarried female of previous chaste character, under the indicted. age of twenty-five years, from her father's house or wherever else she may be, for the purpose of prostitution at a house of ill fame, assignation or elsewhere, and every person who shall aid or assist in such abduction for such purpose, shall be guilty of a misdemeanor, and shall, upon conviction thereof, be punished by imprisonment in a state prison not exceeding two years, or by imprisonment in a county jail not exceeding one year: Provided, that no conviction shall be had under the Proviso. provisions of this act on the testimony of the female so inveigled or enticed away, unsupported by other evidence, nor unless an indictment shall be found within two years after the commission of the offence.

8 B., 603.

CHAP. 111.

AN ACT to punish seduction as a crime.

PASSED March 22, 1848.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

ment for

$1. Any man, who, shall under promise of marriage, Punishseduce and have illicit connexion with any unmarried female seduction. of previous chaste character, shall be guilty of a misdemeanor, and upon conviction shall be punished by imprisonment in a state prison not exceeding five years, or by imprisonment in a county jail not exceeding one year; provided that no conviction shall be had under the provisions of this act, on the testimony of the female seduced, unsupported by other evidence, nor unless indictment shall be found within two years after the commission of the offence; and provided further, that the subsequent marriage of the parties may be plead in bar of a conviction.

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PART IV.

Such assaults declared felonies.

CHAP. 74.

AN ACT to provide for the punishment of assaults with dangerous weapons.

PASSED March 23, 1854.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

S1. Any person who, with intent to do bodily harm, and without justifiable or excusable cause, shall hereafter commit any assault upon the person of another with any knife, dirk, dagger or other sharp, dangerous weapon; or who, without such justifiable or excusable cause, shall shoot off or discharge at another, with the intent to injure such other person, any air-gun, pistol or other fire-arms, although without intent to kill such other person or to commit any other felony, shall, upon conviction, be punished by imprisonment in a state prison for a term not more than five years, or by imprisonment in the county prison for a term not exceeding one year. S2. Upon any indictment against any person for an assault Intent with intent to kill, it shall and may be lawful for the jury to find such accused person guilty of an assault according to the provisions of this act.

An indict

kill.

with

to

Act of April

act of May 4, 1861, repealed.

CHAP. 197.

AN ACT to repeal chapter four hundred and ten, passed April fourteenth, eighteen hundred and sixty, and chapter three hundred and three, passed April seventeenth, eighteen hundred and sixty-one, and to divide the crime of murder into two degrees, and to prescribe the punishment of arson.

PASSED April 12, 1862; three-fifths being present. The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. The act entitled "An act in relation to capital punish14, 1860, and ment, and to provide for the more certain punishment of the crime of murder," passed April fourteenth, eighteen hundred and sixty, and the act entitled "An act in relation to cases of murder, and of arson in the first degree, occurring previously to the fourth day of May, in the year one thousand eight hundred and sixty," passed April seventeenth, eighteen hundred and sixty-one, are hereby repealed.

Effect on offences previously

22 N. Y., 97.

$2. No offence committed previous to the time when this Committed. statute shall take effect, shall be affected by this act, except

that when any punishment shall be mitigated by the provisions of this act, such provision shall control any judgment to be pronounced after the said act shall take effect for any offences committed before that time.

CHAP. L

cution of

$3. No prosecution for any offence pending at the time No prosethe aforesaid statutory provisions shall be repealed, shall be offences affected by such repeal; but the same shall proceed in all be affected. respects as if such provision had not been repealed.

$4. Section first of title one, chapter one, of the fourth part of the Revised Statutes, shall be so altered as to read as follows:

pending to

Section 1st of title one chapter one of the fourth part of Revised

1. Every person who shall hereafter be convicted-First. Statutes Of treason against the people of this state; or, Second. Of altered. murder in the first degree; as those crimes are respectively crime of declared in this title, shall suffer death for the same.

Division of

murder.

same title

35. Section four of the said title shall be so altered as to Section 4 of read as follows:

amended.

murder.

$ 4. The killing of a human being, without the authority of Defining law, by poison, shooting, stabbing, or any other means, or in any other manner, is either murder in the first degree, murder in the second degree, manslaughter or excusable or justifiable homicide, according to the facts and circumstances of each

case.

36. Section five of the said title shall be so altered as to Section 5 of read as follows:

same title amonded.

Murder in degree.

the first

5. Such killing, unless it be manslaughter or excusable or justifiable homicide, as hereafter provided, shall be murder in the first degree, in the following cases: First. When perpetrated from a premeditated design to effect the death of the person killed, or of any human being; Second. When perpetrated by any act imminently dangerous to others, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual; Third. When perpetrated in committing the crime of arson in the first degree. Such killing, Second unless it be murder in the first degree, or manslaughter, or excusable or justifiable homicide, as hereinafter provided, or when perpetrated without any design to effect death by a person engaged in the commission of any felony, shall be murder in the second degree.

13 W., 159.

degree.

ment of

$ 7. Add to the said title another section, in these words: Every person who shall be convicted of murder in the Punishsecond degree, or of arson in the first degree, as herein defined, second shall be punished by imprisonment in a state prison for any term not less than ten years.

58. In title three, chapter one, part four of the Revised Statutes, alter section nine so as to read as follows:

degree.

ment of

$9. Every person who shall be convicted of any degree of Punisharson herein specified, shall be punished by imprisonment in a arson. state prison, as follows: First. Of arson in the second degree,

PART IV.

Arson in the third

degree.

Act of 1830 defined.

Entering arsenals, &c. with

demeanor.

for a term not more than ten years, nor less than seven years; Second. Of arson in the third degree, for any term not more than seven years, nor less than four years; Third. Of arson in the fourth degree, for any term not more than four years, and not less than one year; or by imprisonment in a county jail not exceeding a year.

S 10. Every person who shall willfully set fire to or burn in the night time any store or warehouse not adjoining to or within the curtilage of any inhabited dwelling house, so that such house shall not be endangered by such firing, shall, upon conviction, be adjudged guilty of arson in the third degree.

CHAP. 260.

AN ACT relative to the forgery of foreign bank bills.
PASSED April 29, 1833.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$1. Nothing contained in the act, entitled "An act to prohibit the circulation of the bills of banks not chartered by the laws of this state under the denomination of five dollars," passed April 20th, 1830, shall be deemed or adjudged to change or affect the provisions of the Revised Statutes in regard to forgery, as contained in article third of title third of chapter first of the fourth part of the Revised Statutes, or the offences and punishments prescribed therein.

CHAP. 281.

AN ACT to provide for the public security.

PASSED May 5, 1834.

The People of the State of New York, represented in Senate and Assembly, do enact as follows:

$ 1. Any person who shall hereafter be convicted of forcibly entering any arsenal, armory or arsenal yard, and of seizing, force a mis- taking and carrying away any arms or ammunition belonging to this state, or of entering such arsenal, armory or arsenal yard with the intention of seizing, taking and carrying away any arms or ammunition belonging to the people of this state, shall be deemed guilty of a misdemeanor, and punished by a fine not exceeding one thousand dollars, or by imprisonment in the jail of the county where the conviction shall be had, for a time not exceeding one year, or both, in the discretion of the court before which such conviction shall be had.

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